It is the purpose of this chapter to define words, terms and phrases contained within this title. In the interpretation of this title, the provisions and rules of this section shall be applied.

1. Words used or defined in one tense or form shall include other tenses and derivative forms.
2. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
3. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
4. "Shall" is mandatory.
5. "May" is permissive. (Ord. 244, 11-15-1982)
   

The following words and terms are defined as follows:

ACCESSORY DWELLING UNIT (ADU): Means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, which is attached or detached from a single-family dwelling.

ACCESSORY STRUCTURE: A structure adjunct of and in subordination to another structure.

ACTIVE OUTDOOR RECREATIONAL FACILITIES: Areas and facilities designed for organized or informal outdoor physical activities, including but not limited to athletic fields, sports courts, playgrounds, skate parks, trails, and similar improvements intended for active recreation.

ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

ADDRESS SIGN: A sign communicating street address only, whether script or in numerical form.

ADULT RETIREMENT COMMUNITY: An age restricted, planned development for independent living, as defined under the Federal Fair Housing Act provisions for housing for the elderly which may be in any housing form, including detached and attached dwelling units, and that includes social and recreational activities.

AESTHETIC: The perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.

AGRICULTURAL BUILDING: a structure on agricultural land as defined in Minnesota Statutes 273.13, subd. 23, designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.

ALTER: Any major change to a sign, but shall not include routine maintenance or painting.

ANNUAL: A plant, usually a flowering species, which lives only one growing season.

ANIMATED SIGN: Any sign that uses technology of any type to create movement or to depict action or create a special effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber's poles, time and temperature signs, dynamic display billboards, or changeable copy signs. A changeable copy sign where the message changes more frequently than one time for every eight (8) second interval or a dynamic display billboard where the message changes more frequently than one time for every eight (8) second interval shall be considered an animated sign.

ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.

ANTIQUE/FLEA MARKET: An occasional or periodic sales activity held within a building, structure or outdoor area where groups of individual sellers offer goods for sale to the public, not including private garage sales. Such sales may involve new and/or used books, magazines, jewelry, clothing and/or a variety of merchandise.

ARCADE: A covered passageway with arches along one (1) or both sides.

ARCH: A curved structural element supported at its sides.

ARCHITECTURAL CONCEPT: The basic aesthetic idea of a building, or group of buildings, including the site and landscape development, that produces its distinctive character.

ARCHITECTURAL CONCRETE: A building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the building, and is available in a variety of colors.

ARCHITECTURAL FEATURE: A prominent or significant part or element of a building or site.

ARCHITECTURAL METAL: A metal exterior building material that has a shape, design, surface texture, and permanent color finish that enhances the building. The metal must be designed and manufactured to be exposed to the outdoors, weather, and elements of the Minnesota climate. Metal shall be installed and used for the purpose that it was intended.

AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a residential subdivision consisting of fifty (50) or more lots; a multiple residential complex consisting of twenty (20) or more units or three (3) or more structures; an office, business or industrial structure containing three (3) or more independent businesses or organizations; a single business and/or industrial complex consisting of three (3) or more separate structures existing on individual platted lots or as a planned unit development; a mobile home court; or any integrated combination of the above.

ARTERIAL, MINOR: A road classification for streets that are of regional importance because they relieve, expand, or complement the principal arterial system and designed to connect to principal arterials, other minor arterials and collectors. The minor arterial roads are identified in the Comprehensive Plan.

ARTERIAL, PRINCIPAL: Interstate freeways and State highways that connect the region with other areas in the State and other states. The emphasis of these roads are on mobility as opposed to land access. The principal arterial roads are identified in the Comprehensive Plan.

ASSISTED LIVING FACILITY: A residential housing facility that provides dwelling units for older adults or other persons who require assistance with activities of daily living and may include supportive services such as meals, housekeeping, personal care, medication management, and supervision. Medical or nursing services, if provided, are incidental to the residential use.

AUCTION HOUSE: An enclosed place or establishment where items of a personal or business nature, generally found within retail stores located within the underlying zoning district, are offered for sale through competitive bidding. The term "auction house" shall not include on premises estate, foreclosure, real estate or personal property sales. The term "auction house" shall not include antique/flea markets or yard sales.

AUTOMOBILE DEALERSHIP: A commercial use engaged in the sale or lease of consumer vehicles. Such use may include indoor and/or outdoor consumer vehicle display, sales offices, customer service areas, incidental consumer vehicle repair and maintenance, financing services, and consumer vehicle storage (on-site or remote) associated with the automobile dealership. This definition excludes uses engaged in the sale or lease of used consumer vehicles, consumer vehicle rental agencies, auto body repair, consumer vehicle impound facilities, and standalone service centers.

AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding of trailers, bodywork, framework and major painting service.

AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service involving passenger automobiles and trucks not in excess of a three-quarter (3/4) ton rating.

AWNING: A temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed against the face of the supporting building.

BALLOON: A flexible, nonferrous inflated bag in various shapes and colors.

BANNER: Flexible material affixed to a building, vehicle, poles, or other supporting structures by all corners.

BANNERETTE: Flexible material that resembles a flag, and has minimum dimensions of two feet by two feet (2' x 2') and no larger than three feet by five feet (3' x 5'). A "smaller sized bannerette" is defined as a pennant.

BASEMENT: A portion of a building located partly underground, but having half or less than its floor to ceiling height below the average grade of the adjoining ground.

BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

BEEKEEPER: A person who owns or has charge of 1 or more colonies of honey bees.

BEEKEEPING: The maintenance and care of honey bee colonies.

BILLBOARD: See definition of off premises advertising sign.

BLUFF: A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):

1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least twenty five feet (25') above the ordinary high water level of the water body;
3. The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater; and
4. The slope must drain toward the water body.

BLUFF IMPACT ZONE: A bluff and land located within twenty feet (20') from the top of a bluff.
BOARD OF ADJUSTMENT AND APPEALS: The Burnsville City Council.

BODY ART OR BODY ART PROCEDURES: Physical body adornment using, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice.

BODY PIERCING: The penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. Body piercing also includes branding, scarification, suspension, subdermal implantation, microdermal, and tongue bifurcation. Body piercing does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single use stud and clasp ear piercing system.

BOULEVARD: The area of a street right of way that lies between the property line nearest to any street to which such property abuts and the edge of pavement or back of curb of such street.

BRICK: A masonry building block of clay baked in a kiln until hard.

BUFFER STRIP: An area of nondisturbed ground cover abutting a wetland that may not be mowed, cut, or fertilized, which is left undisturbed to filter sediment, materials, and chemicals.

BUFFER YARD: A unit of land, together with a specified type and amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

BUILDABLE AREA: The portion of a lot remaining after required yards have been provided.

BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattels, and when said structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building.

BUILDING, ACCESSORY: A building adjunct of and in subordination to another building.

BUILDING ACTIVITY AREA: The area on the lot where building activity shall take place, including the entire area affected by building and grading activities related to the approved construction.

BUILDING FACADE: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

BUILDING HEIGHT: The vertical distance from:

1. The average elevation of the adjoining ground level; or
2. The established grade, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point of a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

BUILDING INTEGRATED SOLAR ENERGY SYSTEMS: A term for the design and integration of solar energy technology into the building, typically replacing or substituting for conventional building materials. This integration may be in vertical facades, replacing view glass, spandrel glass, or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; solar energy technology that is contained within or substitutes for roofing materials, windows, skylights, awnings, shade devices or other building systems.

BUILDING LINE: A line parallel with the front lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot or lots on which it is located.

BUSINESS: Any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited, stored, sold or where services are offered for compensation.

BUSINESS SIGN: Any sign which identifies a business.

CABINET SIGN: A sign that has framing around the entire sign message with a removable face.

CALL CENTER: A centralized office used for receiving or transmitting a large volume of requests by telephone, computer telephony integration or other technology typically operated in an open workspace with multiple agents soliciting charitable or political donations, debt collection, market research or managing customer interactions.

CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a government office, or promoting an issue to be voted on at a governmental election.

CANNABIS CULTIVATOR: A business that cultivates cannabis and packages cannabis for sale to another medical cannabis business to sell as medical cannabis flower or process into medical cannabinoid products.

CANNABIS CULTIVATION BUSINESS: A business licensed to grow cannabis plants within a principal building from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office, pursuant to Minnesota Statutes, Chapter 342. Outdoor commercial cultivation of cannabis is prohibited.

CANNABIS MEZZOBUSINESS: A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342.

CANNABIS MICROBUSINESS: A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342.

CANNABIS MANUFACTURER: A business with a cannabis manufacture license that manufactures cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer, pursuant to Minnesota Statutes, Chapter 342.

CANNABIS RETAILER: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form pursuant to Minnesota Statutes, Chapter 342.

CANNABIS TESTING FACILITY: An establishment engaged in obtaining and testing cannabis and hemp, or products derived therefrom, that has a valid, approved license pursuant to Minnesota Statutes, Chapter 342.

CANNABIS WHOLESALER: An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342.

CANOPY: The width and/or height of the overall leafy portion of a deciduous tree.

CANOPY SIGN: The area of copy, graphic or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a building. The portion of the canopy, projection, or other architectural feature which contains no copy or graphic identification, shall not be defined as signage, but if illuminated shall be included in the total sign area pursuant to subsection 10-12-3(N) of this chapter.

CAST IN PLACE PANEL: A building wall section of concrete poured into place in a form at the building construction site.

CELLAR: That portion of the building having more than 1/2 of the floor to ceiling height below the average grade of the adjoining ground.

CLEAR CUTTING: The removal of an entire stand of trees.

CHANGEABLE COPY SIGN: An on premises sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Signs or portions thereof shall not change in color, illumination or intensity more frequently than one time for every eight (8) second interval. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

COLLECTOR: Roadways which are designed to perform the function of collecting traffic from local streets and distributing it to principal and minor arterials. Collector streets are identified in the Comprehensive Plan.

COMMERCIAL ANTENNA: Any antenna regardless of height or size erected for the purpose of providing public entertainment or subleased to other individuals or corporations including partnerships, associations, etc.

COMMERCIAL ATHLETIC FACILITY: Private for profit athletic facilities including, but not limited to, baseball, softball, soccer and football fields, batting cages, and other similar uses.

COMMERCIAL ENTERTAINMENT AND RECREATION INDOOR: includes businesses or facilities providing recreational, social, or amusement activities for public or private patrons. Typical uses include, but are not limited to: bowling alleys, arcades or electronic game rooms, billiard and pool halls, skating rinks, theaters, fitness centers, and similar establishments.

COMMERCIAL ENTERTAINMENT AND RECREATION OUTDOOR: An outdoor facility or space designed, constructed, and operated by private enterprise for recreational purposes and open to the general public including skating, mini-golf, shuffle boards, racquet and athletic courts, playground, swimming, skateboarding, aerobics, yoga, movie, music or live theater performance venue and similar uses.

COMMERCIAL MESSAGE: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMMERCIAL SERVICES: Establishments primarily engaged in providing services to individuals or businesses, including personal services, repair services, and customer-oriented commercial activities, where operations are conducted entirely within an enclosed building and do not involve manufacturing, bulk processing, or outdoor storage.

COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

COMMISSIONER: The commissioner of the department of natural resources.

COMMON OPEN SPACE: Land, water or a combination of land and water within a planned unit development which is designed and intended for the use and enjoyment of residents of the development. Common open space includes all land within a development, except for individual building lots and land accepted for public dedication.

COMMUNITY GARDEN: An area of land that is managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood ornamental crops such as flowers for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

COMPACTION: Reducing the bulk of soil in a tree's critical root zone (within the drip line) by rolling, tamping and compression.

COMPATIBLE: The exterior architectural appearance, lot layout and design of proposed structures that are in harmonious combination with adjacent buildings and properties. A compatibly designed building integrates some, but not all, materials, colors and design forms of adjacent structures while maintaining some of its own uniqueness. A building is not compatible if it causes:

1. A likeness to a degree to cause monotony;
2. A difference to a degree to cause incongruity;
3. A depreciation of neighborhood values or adjacent property values;
4. A nuisance, compared to existing or other proposed structures or uses. Types of nuisance characteristics include, but are not limited to: noise, dust, odors, glare, unsightly building exterior, unsightly exterior storage, traffic generation, signs, refuse or lack of landscaping.

COMPREHENSIVE PLAN: The Burnsville Comprehensive Plan and all maps, charts and explanatory materials thereto, as adopted by the Burnsville City Council.

COMPREHENSIVE SIGN PLAN: A sign criteria plan for a single- or a multi-tenant building to be established by the owner or owners' association (as in the case of a condominium) and the City, which shall include the following components: height, location, size, number, type, basic decorative theme, design, decor and material of signs to be placed on the buildings.

CONCRETE: A construction material consisting of sand or stone, water, and cement.

CONDITIONAL USE: A land or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that:

1. Certain conditions as detailed in the zoning ordinance exist;
2. The use or development conforms to the Comprehensive Land Use Plan of the City; and
3. Is compatible with the existing neighborhood.

CONGREGATE RESIDENCES: Residences with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents.

CONSTRUCTION SERVICES: An establishment providing building trade services such as electrical, plumbing, HVAC, carpentry, roofing, concrete, excavation, landscaping, or similar work, which may include an office, workshop, and the storage and dispatch of vehicles, tools, and equipment.

CONSUMER VEHICLE: A new motor vehicle not previously titled or registered and meets the passenger automobile definition under Minnesota Statutes, Section 168.002. Neighborhood electric vehicles, medium-speed electric vehicles, and roadable aircraft, as defined in Minnesota Statutes, Section 169.011, are excluded.

CONTRACTOR YARD: An outdoor storage area containing materials and equipment which are accessory to the principal use.

CONVENIENCE STORE, MOTOR FUEL STATION: A motor fuel station that offers for sale a limited amount of food and household products, which are in addition to those typically supplied at a motor fuel station.

CROWN COVER: The ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage.

CURTAIN WALL: A building facade which does not carry any dead load from the building, other than its own load and is designed to resist air and water infiltration.

CUTTING: Felling or removal of a tree or any procedure (including root removal) the result of which is to cause the death or substantial destruction of a tree. Cutting does not include normal pruning or trimming.

DATA CENTER: A facility used to house computer systems and associated components, such as telecommunications and storage systems generally including redundant or backup power supplies, data communications connections, environmental controls (e.g., air conditioning, fire suppression) and various security devices.

DAYCARE CENTER (CHILD OR ADULT): Any facility operated for the purpose of providing care, protection and guidance to ten (10) or more individuals during only part of a twenty-four (24) hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four (24) hour period

DECIDUOUS: Plants which lose foliage and become dormant during winter months.

DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet (3') aboveground.

DECORATIVE BLOCK: A masonry building block of cast concrete and aggregate rock that has a split rock, bricklike, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors. Block that has been scored to give the appearance of additional joints is not a decorative block.

DENSITY, GROSS: The quotient of the total number of dwelling units divided by the gross site area. "Gross site area" means the total acres contained in the boundaries of the site.

DENSITY, NET: The quotient of the total number of dwelling units divided by the net site area. "Net site area" means the total acres contained in the boundaries of the site excluding all public roadway easements and rights-of-way, all private roadways, any part of a site excluded from the lot area calculations of the Shoreland Overlay District in chapter 8 of this title, and delineated wetlands, stormwater ponds and public parks and open space.

DESIGN STORM: The 1.5 inch design storm is based on USDA NRCS methods for a storm having a twenty four (24) hour duration, type II distribution and antecedent moisture conditions 2 (AMC-2).

DEVELOPER: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase.

DEVELOPMENT: The construction, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course current or cross section of any water body or watercourse or the division of land into 2 or more parcels.

DEVELOPMENT PERMIT: Any building permit, zoning permit, plat approval, rezoning, certification, conditional permit or variance.

DIMENSIONAL REQUIREMENT: A minimum/maximum setback, yard requirement, or structure height or size established in the zoning ordinance.

DIRECTORY SIGN: An exterior informational sign which identifies the names and/or addresses of businesses or tenants within a multi-tenant building.

DRIP LINE: An imaginary vertical line, which extends from the outermost branches of a tree's canopy to the ground.

DRIVE AISLE: A permanently surfaced (concrete, bituminous or pavers) area providing vehicular access between and adjacent to parking spaces.

DRIVEWAY: A permanently surfaced (concrete, bituminous or pavers) area providing vehicular access between a street and an off street parking or loading area.

DRY BUILDABLE AREA: For the purpose of determining the adequacy of lots on which a subsurface sewage treatment system (SSTS) for a single-family detached dwelling is to be located, the following shall be excluded from the gross area:

1. Wetlands, as designated in the Burnsville wetland protection and management plan and water resources management plan.
2. FEMA designated floodplains.
3. Very steep slopes in excess of 18 percent in gradient.
4. Portions of the lot below the ordinary high water mark of a public water.

DUPLEX, TRIPLEX AND QUAD: A dwelling structure on a single lot, having two (2), three (3), and four (4) units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

DWELLING: A building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, trailer coaches or lodging rooms.

DWELLING, APARTMENT: An attached dwelling unit that has front access from a common entrance and hallway, and parking in a common garage structure or common area within the building.

DWELLING, ATTACHED: A dwelling which is joined to another dwelling.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space.

DWELLING, TOWNHOUSE: An attached dwelling unit that has its own front access to the outside, is not located over another unit, is separated from all other units by one or more vertical common fire resistant walls, and has parking in a garage attached to and accessible from the unit.

DWELLING, TWO-FAMILY: A building initially constructed on a single lot containing 2 dwelling units, each of which is totally separated from the other by an unpierced fire resistant wall extending from ground to roof.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

DYNAMIC DISPLAY BILLBOARD: An off premises advertising sign used for outdoor advertisement including, but not limited to, cathode ray tubes (CRT), light emitting diode (LED) displays, plasma displays, liquid crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Dynamic display billboards may be internally or externally illuminated in compliance to lighting limitations in section 10-12-8 of this chapter. Dynamic display billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. Each message on the sign must be displayed for a minimum of eight (8) seconds.

EASEMENT: Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.

EFFICIENCY APARTMENT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closet or dining alcove directly off the principal room, provided that such dining alcove does not exceed 125 square feet in area.

END USE PLAN: The exhibits and supporting documentation required in the approval of conditional use permits for land reclamation mining and soil processing operations. This plan includes a description of the proposed process for the restoration of land; the proposed volumes of subsoil and topsoil to be deposited, and the shape and contour to which it will be graded; the proposed elevations throughout the property following its restoration and the relationship between these elevations and surrounding properties, as well as existing and proposed utilities and streets; a landscape plan showing the number, species and sizes of trees and shrubs proposed for the revegetation of the property; and any other information deemed necessary by the City to assess the ultimate impact of the proposed operations on the goals, policies and objectives contained in the City's comprehensive plan.

EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

EQUIPMENT RENTAL BUSINESS: A business that rents or leases equipment, furniture, or household items for temporary use by the customer including the sale of business owned, previously rented used items.

EROSION: The general process by which soils are removed by flowing surface or subsurface wind or water.

ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith, but not including buildings.

EVENT CENTER (Includes convention, exhibit hall, banquet halls): An establishment which is rented by individuals or groups to host private social gatherings including, but not limited to, banquets, meetings, weddings, and other similar celebrations.

EVERGREEN TREES: Large evergreens which reach mature heights of fifty feet (50') or more.

EVERGREENS: A plant which retains its green color year round and does not drop its fronds or needles in the winter.

EXCESS PARKING: Parking spaces that exceed the minimum off-street parking requirements established by this Title, or are currently underutilized by the principal use, and that are available, functional, and legally permitted for shared or secondary uses.

EXTERIOR STORAGE: Outdoor storage of fuel, raw materials, products, equipment and motor vehicles.

EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota statutes, sections 93.44 to 93.51.

FAMILY: An individual or 2 or more persons related by blood, marriage, guardianship or adoption living together as a single housekeeping unit; or a group of not more than 4 persons not so related, maintaining a common household and using common cooking and kitchen facilities; or a residential program (group home) for 6 or fewer persons as defined and licensed by the State of Minnesota.

FARM: An area of land devoted primarily to the practice of producing and managing food such as produce and grain but not including commercial animal farms, fur farms, kennels and poultry farms.

FARMERS' MARKET: Outdoor sales of fruits, vegetables, honey, flowers, plants, homemade bakery goods, cheeses, and soaps.

FINANCIAL SERVICES: A use involving the management, investment, transfer, or lending of money and financial assets, including institutions and offices that provide banking, credit, insurance, or investment-related services. This use is typically characterized by office-oriented activities with customer visits occurring on an appointment or walk-in basis.

FIXED WIRELESS SIGNAL: Any commercial nonbroadcast communication signals transmitted via wireless technology to and/or from a fixed customer location, which may include the following: audio, video and data communications. This definition does not include broadcast communication signals such as: AM radio, FM radio, amateur ("ham") radio, citizens band (CB) radio, and digital audio radio service (DARS) signals.

FLAG: A piece of cloth or bunting with no commercial message that may vary in color and design, and that may include a symbol, standard, emblem or insignia identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, corporate, fraternal or similar organization. A flag shall not be considered to be a "banner", "bannerette", pennant, ribbon, or streamer, as defined in section 10-30-2 of this title.

FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study, Dakota County, Minnesota, and incorporated areas. FLOODPLAIN: The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOODPROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

FLOOR AREA: For the purpose of calculating the number of off street parking spaces, shall be the net usable floor area of the various floors, exclusive of hallways, utility space, restrooms, window showcases, and ornamental space not used for assembly.

FREESTANDING SIGN: A self-supported sign placed on or in the ground and not affixed to any part of any structure.

FRONTAGE: The portion of a building directly adjacent to a vehicular right-of-way.

GAMBREL ROOF: A symmetrical two-sided roof with two (2) slopes on each side. The upper slope is positioned at a shallow angle while the lower slope is steeper.

GARAGE: An accessory building or accessory portion of the principal building which is used to store automotive vehicles or major recreational equipment by a user of the property.

GAZEBO: A freestanding, roofed building with completely open or screened sides used as an outdoor living area.

GENERAL FLOOR PLANS: A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.

GOVERNMENTAL SIGN: A sign which is erected by a public school district, governmental unit or transit authority with the permission of the City, for information, identification or traffic.

GOVERNMENT USE: means a building or facility operated and maintained by a local, district, county, regional, state or federal government entity.

GREEN AREA: Land shown on a development plan where vegetation is planted or required to meet landscape standards of this title.

GREEN ROOFTOPS: Veneers of living vegetation installed atop of buildings which act to manage stormwater by mimicking a variety of hydrologic processes normally associated with open space.

GROUND COVER: Plants which are used for accents and/or soil stabilization and are typically twenty four inches (24") or less in height.

GROUND SIGN: A freestanding sign under eight feet (8') in height erected on one or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A ground sign shall be considered one sign though it may have two (2) faces.

GROSS SOIL LOSS: The average annual total amount of soil carried from one acre of land by erosion.

GROUND LEVEL VIEW: The view of the building from the farthest point of the width of the right-of-way from the property line(s) that abuts a right-of-way and adjoining lot lines.

GROUND MOUNTED SOLAR ENERGY SYSTEM: A ground mounted system mounted directly above existing grade and where the base of the solar collector is no more than thirty inches (30") above natural grade.

HEALTH CLUB: A commercial establishment providing facilities for physical fitness, exercise, and recreational activities, available to members or the general public, including but not limited to aerobic exercise areas, strength and cardiovascular training equipment, fitness studios, gymnasiums, indoor or outdoor courts, swimming pools, saunas, steam rooms, and running or walking tracks, and may include locker rooms, showers, and other similar facilities customarily associated with fitness and exercise uses. Accessory uses, including massage therapy, tanning services, or other personal services, may be permitted if they are clearly incidental to the primary health club use.

HEAT ISLAND REDUCTION: Use of vegetative cover to minimize heat islands on hard cover areas and to reduce impact on microclimate and human and wildlife habitat.

HEIGHT OF SOLAR ENERGEY CONVERSION SYSTEM: The height of a solar energy conversion system measured from natural grade to the highest point of the system.

HIVE: The receptacle inhabited by a colony.

HOME OCCUPATION: The use of a residential dwelling for business, trade or professional purposes.

HORIZONTAL PATTERNS: An artistic or decorative horizontal design embedded into a decorative concrete block or acceptable concrete panel wall through the use of brick, stone, block or other material which is incorporated into the overall design through horizontal forms.

HOTEL: Every structure or any part thereof containing 4 or more guestrooms, kept, used as, maintained as, advertised as, or held out to the public to be a place where sleeping accommodations are furnished to the public for periods as short as 1 week.

ILLUMINATED SIGN: Any sign which is lighted by an artificial light source either external (light source not within sign) or internal (light source within sign), or by means of reflective materials. Illuminated architectural features or portions thereof which contain no copy or graphics shall not be defined as an illuminated sign, but shall be included in the total sign area pursuant to Section 10-12-3(N) of this chapter.

IMPERVIOUS SURFACE: The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil. Impervious surface shall include, but not be limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, swimming pools, tennis and basketball courts, covered decks, porches, retaining walls, solar energy systems and other structures. Open, uncovered decks are not considered impervious for the purposes of this chapter. The use of patio blocks, paver bricks or class 5 gravel material are considered impervious surfaces as a majority of water runs off the surface rather than being absorbed into natural soils underneath.

INCIDENTAL USE: Use of a premise which is ancillary and subordinate to the principal use.

INCIDENTAL ACCESSORY USE: Temporary indoor use of a structure not related to the principal use. This excludes special promotional or sales events related to the business on site or special events with advertising as permitted in Title 3, Chapter 14 of this Code.

INCIDENTAL ACCESSORY USE PERMIT: A permit from the City for the temporary indoor use of a structure not related to the principal use.

INDUSTRIAL FOOD PRODUCTION: Growing or raising of food products such as vegetables, fruit, herbs, or fish, but not including insects, poultry and other livestock, completely contained within a building and intended for sale to consumers, restaurants and independent stores.

INFLATABLE DEVICES: Any three-dimensional object supported or filled by forced air, helium or other gas.

INFORMATION SIGN: Any permanent sign, including on premises directional signs, and public information service signs, giving information to employees, customers, visitors or delivery vehicles, but containing no advertising or identification.

INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, incidental information about its construction, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.

INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

INTERIM USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulations.

INTERIM USE PERMIT (IUP): A permit issued by the City Council in accordance with procedures specified in this title.

INTERMEDIATE CARE FACILITY: A residential facility which undertakes through its ownership or management to provide on a 24 hour per day basis, personal care services and health related care and services, for each of its residents. "Personal care services" means, in addition to housing and a minimum of 2 meals per day, assistance with activities of daily living, including bathing, dressing, eating, mobility and continence. "Health related care and services" means limited medical supervision by licensed or qualified persons, to persons who require such assistance, but who do not require the degree of care and treatment that a nursing home or hospital provides.

INTERNAL PARKING AREA: That area of the parking lot or parking area where parking stalls and the drive aisles that directly access said parking stalls are located. The area of landscaped medians internal to the parking area, rainwater gardens, fountains, infiltration basins and landscaped parking islands may be counted for the purpose of calculating internal parking area green space. The exterior perimeter of the site may not be included as part of the internal parking area green space.

KENNEL, COMMERCIAL: Any place where 6 or more dogs over 4 months of age, or more than 10 cats over 4 months of age, or more than 10 ferrets over 4 months of age, or any combination thereof, not including offspring under 7 months of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or veterinary clinic/hospital. A kennel may include secured outdoor runs and/or play areas.

LAKESCAPING: A buffer zone of unmowed native vegetation that extends both lakeward and landward from the water's edge. It is a natural approach to erosion control that slows runoff and enhances wildlife habitat.

LARGE SHRUBS: Deciduous shrubs with mature natural growth over six feet (6') in height.

LARGEST WORK SHIFT: The maximum number of employees present at the facility at any one time regardless of the time period. The largest work shift may occur on a particular day of the week.

LAWN: Ground cover (as around a house or building) that is covered with turf grasses and kept, or required to be kept, "regularly cut" as defined in section 7-1-9-1 of this code.

LIMITED PRODUCTION AND PROCESSING: Small-scale assembly, disassembly, fabrication, manufacturing, cleaning, servicing, packaging.

LIVING AREA: A structure or portion thereof that is used exclusively for human habitation and living facilities on a permanent, nonseasonal basis.

LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off street parking spaces are filled. Required off street loading space is not to be included as off street parking space in computation of required off street parking space.

LOGO SIGNS: Any brand name, trademark, logo, distinctive symbol, or other similar device or thing used to identify a particular business, institution, or activity.

LONG TERM CARE FACILITY: A facility that provides healthcare under medical supervision for 24 or more consecutive hours to 2 or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.

LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use and area, and to provide such yards and other open spaces. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

1. A single lot of record;
2. A portion of a lot of record;
3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
4. A parcel of land described by metes and bounds.

Provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines measured within the lot boundaries.

LOT, CORNER: A lot situated at the junction of, and abutting on 2 or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line.

LOT, DOUBLE FRONTED: See definition of Lot, Through; Double Fronted Lot.

LOT FRONTAGE: The horizontal distance between the side property lines, measured at the front property line.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: The property line bounding a lot except that where any portion of a lot extends into the public right of way or a proposed public right of way, the line of such public right of way shall be the lot line for applying this title.

LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, the lot line with the shortest dimension on a public street, except that a corner lot in a nonresidential area shall be deemed to have frontage on both streets.

LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances and regulations.

LOT, THROUGH; DOUBLE FRONTED LOT: A lot which has a pair of opposite lot lines abutting 2 substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines.

LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot measured parallel to the front lot line and at the rear of the required front yard.

LOWER-POTENCY HEMP EDIBLE MANUFACTURE: A business that manufacturers and packages lower-potency hemp edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses, pursuant to Minnesota Statutes, Chapter 342.

LOWER-POTENCY HEMP EDIBLE RETAILER: A business that sells lower-potency hemp edibles to customers, pursuant to Minnesota Statutes, Chapter 342.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.

MAJOR RECREATIONAL EQUIPMENT: Includes boats and boat trailers, travel trailers, converted buses, motorized dwellings, racecars, dune buggies, cars licensed as pioneer or classic vehicles, pickup campers or coaches (designed to be mounted on automotive vehicles) and the like.

MAJOR ROADWAYS: All roadways that are classified as a principal or minor arterial in the comprehensive plan.

MANUFACTURING, LIGHT: The assembly, fabrication, processing, or packaging of materials or products from previously processed components, conducted within an enclosed building and not producing off-site impacts, including noise, vibration, odor, fumes, dust, glare, or illumination.

MAKERSPACE/ARTISAN MANUFACTURING: An establishment where hand-tools, mechanical tools and electronic tools are shared or individually used for the manufacture of artisan finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include but are not limited to electronic goods; food and bakery products; printmaking; household appliances; leather products; jewelry and clothing/apparel; metalwork; furniture; glass or ceramic production; paper manufacturing. Commercial kitchens, coolers and warehouse uses are not considered artisan manufacturing.

MANUFACTURING, HEAVY: Industrial uses involving the processing or production of materials that customarily generate substantial off-site impacts, including noise, vibration, odor, fumes, dust, or truck traffic, and therefore require separation from sensitive land uses. Excluding slaughterhouses and rendering plants.

MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minnesota Statutes, Chapter 327.

MANUFACTURED HOME PARK: Any site, lot, field or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.

MANUFACTURED HOME SITE: An area within a manufactured home park, designed, leased or used for the accommodation of one manufactured home.

MARINA: A place located on or immediately adjacent to a body of water where boats and other watercraft are kept, moored or stored for a consideration, and may include facilities for servicing, repairing, renting or selling watercraft and watercraft equipment or accessories.

MASONRY: A building wall construction method whereby individual bricks, stones, or concrete blocks are joined together with a mixture of cement, sand, and water.

MAXIMUM HEIGHT: The vertical distance measured from the highest adjacent grade, within one foot (1') of the base of the sign, to the top of a sign.

MECHANICAL EQUIPMENT: Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers energy from the solar energy system to the intended on site structure.

MEDICAL CANNABIS COMBINATION BUSINESS: Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business.

MEDICAL CANNABIS PROCESSOR: Purchase, make, manufacture, package, and label medical cannabis.

MEDICAL CANNABIS RETAILER: Purchase and sell medical cannabis to authorized persons.

MEDICAL MARIJUANA: Any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins and is delivered in the form of (1) liquid, but not limited to oil; (2) pill; (3) vaporized delivery method with use of liquid or oil, but which does not require the use of dried leaves or plant form that has been approved by the commissioner of the Minnesota department of health under Minnesota Statutes, Section 152.25.

MEDICAL MARIJUANA DISTRIBUTION FACILITY: An establishment engaged in the sale of medical marijuana that is validly registered and approved by the State of Minnesota.

MEDICAL SERVICE OR CLINIC: A facility for the practice of medicine, mental health, chiropractic services or dentistry for humans, including ancillary diagnostic laboratories and medical counseling services, but not including inpatient or overnight care, or operating rooms for major surgery.

MEDICAL WASTE TRANSFER FACILITY: A place of business engaged in the collection, containerization, and shipment of medical waste, including, but not limited to, sharp, hazardous, and infectious substances and materials from hospitals, nursing homes, funeral homes, and medical, dental and veterinary clinics/hospitals. Such facility shall not include the incineration, decontamination or reduction of such waste as a permitted, accessory, conditional or interim use, except that such facility may include as a conditional use the decontamination of such waste through a continuous feed, dry heat autoclave system as permitted by the Minnesota pollution control agency.

MEDIUM SHRUBS: Deciduous shrubs with mature natural growth between four feet (4') to six feet (6') in height.

MINIMUM HEIGHT: The vertical distance measured from the highest adjacent grade, within one foot (1') of the base of the sign, to the bottom of such sign.

MINISTORAGE: A building which contains separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

MINOR RENOVATIONS: Improvements made to an existing building that do not alter the size, height, or exterior wall elevations or change exterior building materials. Repairs and renovations which utilize the existing exterior materials.

MONUMENT SIGN: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2) faces.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is transferred and/or stored for movement in intrastate or interstate shipment by motor truck.

MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, vehicle fuels, sale and servicing of tires, batteries, automotive accessories, and replacement items, washing and lubrication services; and the performance of minor automotive maintenance and repair.

MOUNTING DEVICE: Racking, frames or other devices and hardware that allow the mounting of a solar collector onto a roof or wall surface, pole or the ground.

MULTIFACED SIGN: Any sign with a sign face oriented to more than two (2) directions.

MUNICIPAL ANTENNA SITE: A location in the City of Burnsville on which is located one or more radio or television antennas available for connection and use by any person, firm or corporation in accordance with the provisions of this title.

MUNICIPALITY OR CITY: The City of Burnsville.

NAMEPLATE SIGN: Any sign in a Residential District which states the name and/or address of a business or occupant of the lot where the sign is placed.

NATIVE SPECIES: Plants that are indigenous to a particular region. In Minnesota, plants are considered native if they were present at the time of the public land survey (1847-1907), which was conducted prior to and during the early stages of European settlement.

NONCOMMERCIAL SPEECH: Messages concerning political, religious, social, ideological, public service, holiday, and informational topics.

NONCONFORMING USE: Use of land, buildings or structures existing at the time of adoption of this title which does not comply with all the regulations of this title or any amendments hereto governing the zoning district in which such use is located.

NONDECORATIVE CONCRETE BLOCK: A masonry building block of cast concrete either plain or scored to give the appearance of additional joints, that has no additional surface texturing.

NOXIOUS MATTER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals.

NOXIOUS WEEDS: Those plants so designated by the state of Minnesota and section 7-1-9-1 of this code.

NURSERY: An enterprise which conducts the retail or wholesale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

OCCUPANCY LOAD: The maximum number of persons which may be accommodated by the use as determined by its design, the building code and fire code adopted in Titles 4 and 5 of this Code, whichever is greatest.

OFF GRID SOLAR ENERGY SYSTEM: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits served by an electric utility company.

OFF PREMISES ADVERTISING SIGN: A billboard, poster panel, painted bulletin board, dynamic display billboard or other communicative device which is used to advertise products, goods, services, ideas or noncommercial speech which are not exclusively related to the premises or owner of the property on which the sign is located.

OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations but where goods are not produced, sold, repaired or warehoused.

ON GRID SOLAR ENERGY SYSTEM: A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

ON PREMISES DIRECTIONAL SIGN: A sign erected on private property which contains no advertising, and is specifically intended to facilitate the safe movement of pedestrians and vehicles into, out of and circulating upon the site on which such signs are located.

OPAQUE: Impervious to the passage of light.

OPEN SALES LOT: Land devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building.

ORDINARY HIGH WATER LEVEL (OHWL): Boundary of public waters and wetlands at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

ORIGINAL ART MURAL: A hand-painted image on or affixed to the exterior wall of a building that is coordinated with a commissioned artist and is noncommercial in nature. Any building surface may have a mural.

ORNAMENTAL TREES: Often defined as understory trees. Used for color accents or where a large tree is not practical. A deciduous tree with a mature height under thirty feet (30').

OVERSTORY TREES: Large deciduous shade producing trees with a mature height over thirty feet (30').

PANELIZED SYSTEM: Prefabricated, or factory manufactured panels that form a structural envelope, providing insulation capacity, and significantly simplify on site framing.

PARAPET: The portion of a vertical wall plane located along the edge of the roof that extends above the roof level (deck) of the building.

PARKING LOT ISLANDS: A physically separated area from the permanently surfaced parking or driving areas which provides landscape features and helps define parking spaces.

PARKING SPACE: A permanently surfaced (concrete, bituminous or pavers) space for one vehicle.

PASSIVE RECREDATION AND OPEN SPACE: Uses of land primarily intended for the preservation of open space and natural resources and for low-intensity recreational activities that do not require substantial structures or facilities. Such uses may include walking and nature trails, picnicking, gardens, natural areas, wildlife observation, and similar activities, and shall not include organized athletic events, commercial recreation, or activities that materially alter the natural character of the site.

PASSIVE SOLAR ENERGY SYSTEM: A system (such as a glass window or door), that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

PATTERNS: An artistic or decorative design embedded into a concrete block or concrete panel wall or the layout or placement of brick, stone or other material, into a uniform design.

PAWNSHOP: A business that loans money on deposit or pledge of personal property or other valuable thing, or that deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price; or that loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. Any bank, savings and loan association or credit union shall not be deemed a pawnshop.

PENNANTS: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designed to move in the wind.

PERENNIAL: A plant, usually a flowering species, having a life span more than two (2) years. Appears or blooms every year.

PERFORMANCE STANDARD: Any criterion established by this title or deemed necessary by the city council to achieve the goals and objectives in the comprehensive plan.

PERSON: Includes individuals, firms, corporations, associations, trusts, partnerships and any other similar entities.

PERMANENT SIGN: A sign that is not temporary and is affixed or attached to a building, ground or a structure whose intended use and duration appears to be definite.

PERSONAL SERVICES: Uses including consumer convenience services that are offered for compensation including hair salons, beauty and barber shop, body art, facial care, pedicures, therapeutic massage business pursuant to Title 3, Chapter 15 of this Code, manicures, laundry and dry cleaning pick up stations including incidental pressing and repair, and custom clothing alterations.

PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services.

PERVIOUS PAVEMENT: A paving system that allows water to infiltrate through the pavement in order to accurately reflect the predevelopment hydrologic cycle and includes, but is not limited to, porous concrete, porous asphalt, porous pavers, open jointed paving blocks, and open cell paving blocks.

PET GROOMING: A business where clipping, bathing, and related services are provided for dogs, cats, and other domestic pets but not including veterinary care, adoption activities, outdoor runs or play areas and/or overnight boarding.

PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity.

PLAIN CONCRETE BLOCK: A masonry building block of cast concrete, either plain or scored to give the appearance of additional joints, that has no additional surface texturing.

PLANNED UNIT DEVELOPMENT: A zoning district, which may include single or mixed uses, one or more lots or parcels, intended to create a more flexible, creative and efficient approach to the use of land and subject to the procedures, standards and regulations contained in this title.

PLANNING COMMISSION: The Burnsville Planning Commission.

PLANTING SCHEDULE: A listing of all plants to be installed, identifying their common name, botanical name, plant size, root type, and quantity to be installed.

PLAT: The drawing or map of a subdivision proposed for filing of record pursuant to Minnesota Statutes, Chapter 505 and containing all elements and requirements set forth in the City Subdivision Ordinance.

POLE MOUNTED SOLAR SYSTEM: A pole structure mounted to the ground, where the base of the solar collector is more than thirty inches (30") above natural grade and its supports are designed and constructed primarily for the purpose of supporting one or more solar systems. This includes self-supporting monopole towers and utility poles.

POORLY DRAINED SOILS: Soils located where the water table is permanently or seasonably three feet (3') or less from the ground surface.

PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day to day operations of the business.

PRACTICAL DIFFICULTIES: The same as that term is defined in Minnesota statutes, chapter 462, and subsection 10-2-3 of this title.

PRECAST PANEL: A building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation.

PRESTRESSED CONCRETE PANELS: A building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation.

PRIMARY STREET: The street designated for a particular site that receives priority over other abutting streets in terms of setting front lot lines and locating building entrances. For each site, staff shall determine the primary street.

PRINCIPAL BUILDING: A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses.

PRINCIPAL STRUCTURE: Any building or appurtenance, including decks, which is used to conduct the principal land use of the lot on which it is located except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

PRIVATE ANTENNA: Antenna erected for noncommercial use.

PRODUCE: Farm products that are planted, maintained, and harvested by a producer or vendor.

PRODUCER: A person(s) (vendor) who owns or rents land, and plants, maintains and harvests produce.

PROJECTING SIGN: A sign other than a wall sign which is perpendicular to and projects from a building, is supported by a wall of a building or structure, where the leading edge extends more than twelve inches (12") beyond the surface of such wall.

PROTECTED RESIDENTIAL PROPERTY: Any property within the city that meets all of the following requirements:

1. The property is zoned RR-1, R-1, R-2, R-3, or R-4;
2. The property is designated on the comprehensive plan as residential, including manufactured housing park; and
3. The property is used or subdivided for use as residential.
   

PUBLIC INFORMATION SERVICE SIGN: A sign designating the current time and/or temperature and/or stock market data on the exterior of a building or pylon so as to be viewed by the passing public from a public right-of-way.

PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. For the purpose of this chapter, personal wireless services shall not be considered public utility uses, and are defined separately

PUBLIC VIEW: The view of any building elevation by the public from a public or private street which abuts the property.

PUBLIC WATERS: Any waters as defined in Minnesota statutes, section 103G, subdivisions 14 and 15.

PUBLIC WATERS WETLANDS: All types 3, 4, and 5 wetlands, as defined in United States fish and wildlife service circular no. 39 (1971 edition), not included within the definition of public waters, as defined in Minnesota statutes section 103G.005, subdivision 15, that are two and one-half (2 1/2) or more acres in size.

PYLON SIGN: A freestanding sign erected on one or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one sign though it may have two (2) faces.

RAIL UNLOADING FACILITY: Any business at which railroad cars are unloaded.

RAIN GARDENS/BIORETENTION SYSTEMS: Shallow landscaped depressions commonly located in parking lot islands or adjacent to land cover areas that receive stormwater and filter the runoff or allow it to infiltrate in the soil bed.

RAIN SCREEN: An exterior weather facing surface of an exterior wall detail that stands off from the moisture resistant surface of the structural backup wall.

REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.

RECREATIONAL MOTOR VEHICLE: Any self-propelled vehicle, power assisted vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, powered by a combustion engine or electric motor, including, but not limited to, trail bikes, mini-bikes, go-carts, all-terrain vehicles, snowmobiles, hovercraft, or other vehicles not licensed under the provisions of Minnesota Statutes, Chapter 168, excluding motor vehicles used in the performance of lawn/yard maintenance or snow removal, or designed for construction, commercial, medical, industrial, or agricultural use. This does not apply to licensed mopeds, motorized bicycles, personal assistive mobility devices (also known as "segways"), or electric assisted bicycle, as defined in Minnesota Statutes, Section 169.011 and regulated within Minnesota Statutes, Chapter 169 or any ADA approved mobility device.

RECREATIONAL VEHICLE: A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this title, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

RECYCLING FACILITY: Any land or structure used for salvaging operations including, but not limited to, the storage and sale of wastepaper, rags, scrap metal and discarded materials and the collection, dismantlement, storage and salvage of 2 or more unlicensed, inoperative vehicles.

REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.

REGIONAL SHOPPING CENTER: A commercial development over 500,000 square feet consisting of multiple individual retail, service, dining, or entertainment establishments under one roof, with internal corridors or concourses providing access to each tenant.

REGULARLY CUT: Mowing or otherwise cutting weeds or grass so that it does not exceed 8 inches in length.

RELIGIOUS INSTITUTION: A building, together with its accessory buildings and uses where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

REMOVE OR REMOVAL: The actual physical removal, or the effective removal through damaging, poisoning or other direct or indirect action resulting in, or likely to result in, the death of the tree.

RESEARCH AND DEVELOPMENT FACILITY: A building or portion thereof used for conducting scientific, medical, technological, or industrial research, including experimentation, testing, and development of new or improved products or processes. Such facilities may include offices, laboratories, and small-scale pilot production, provided that such activities are accessory to the principal research use and do not involve mass production.

RESIDENTIAL HEALTHCARE FACILITY: A facility for the frail elderly that provides on a 24 hour per day basis, rooms, meals, personal care, and health monitoring services under the supervision of a professional nurse; and may provide other services, such as recreational, social, and cultural activities, financial services, and transportation.

RESTAURANT, FAST FOOD: An establishment whose principal business is the sale of food and/or beverages in a ready to consume state for consumption:

1. Within the restaurant building;
2. Within a motor vehicle parked on the premises;
3. Off the premises as carryout orders, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in paper, plastic or other disposable containers.

RESTAURANT, STANDARD: An establishment whose principal business is the sale of food and/or beverages to customers in a ready to consume state, and whose principal method of operation includes one or both of the following characteristics:

1. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;
2. A cafeteria type operation where food and beverages generally are consumed within the restaurant building.

RETAIL FOOD ESTABLISHMENT: Any fixed facility in which food or drink is offered or prepared primarily for retail sale.

RETAIL SALES: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RETENTION FACILITY: A facility which provides storage of stormwater runoff and controlled release of the runoff during and after a flood or storm.

RETIREMENT HOUSING: Any age restricted residential development, other than a nursing home, that consists of attached or detached dwelling units, offering one level living areas, common activity or recreational facilities, and independent or congregate living. Retirement housing may be an adult retirement community, a congregate residence, or an assisted living facility.

RIBBONS OR STREAMERS: Long or varied lengths of flexible material used to decorate.

ROOF MOUNTED SOLAR SYSTEM: A solar energy conversion system located on the roof of a building, back side of a parapet wall, stage loft, water tower, or a roof structure for the housing of an elevator, stairway, tank, ventilating fan, or similar equipment required to operate and maintain the building.

ROOF PITCH: The final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3:12, 9:12, 12:12.

ROOF SIGN: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the roofline of a building. For buildings with multiple rooflines or roof decks, a roof sign is considered in relation to the adjacent roofline or deck of the sign and not the highest roofline of the building.

ROOFLINE: The top of the coping; or, when the building has a pitched roof, at the intersection of the outside wall with the roof.

SANDWICH BOARD SIGN: Two (2) sided self-supporting temporary signs which may be no more than three feet (3') in width and four feet (4') in height. Sandwich board signs are allowed only during business hours and must be removed on a daily basis.

SCHOOL: A public or private institution for learning with a pre-school, kindergarten, elementary or secondary curriculum with buildings, equipment, courses of study, class schedules, enrollment of pupils and staff meeting the standards established by the state.

SCREENING: A method of obstructing 100 percent of the view of one abutting or nearby structure or use from another by solid fencing, walls, berms, buildings, grade change or densely planted evergreen vegetation.

SECURITY SIGN: A sign identifying the presence of a security system.

SEDIMENT: Suspended matter carried by water, sewage or other liquids.

SEMIPUBLIC USE: The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

SERVICE ENTRANCE: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance.

SETBACK: The minimum required distance between a sign, parking lot or the vertical wall of a building and a lot line as regulated by this title, or the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility..

SEVERE SLOPES: Slopes of over 40 percent as measured over horizontal distances of 50 feet or more that are not bluffs.

SEWER SYSTEM: Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

SHALLOW SOILS: Soils located over bedrock which lies three feet (3') to five feet (5') below the ground surface.

SHED ROOF: A roof having only one (1) sloping plane and no hips, ridges or valleys.

SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the required structure setback.

SHORELAND: Land located within the following distances from public waters: one thousand feet (1,000') from the ordinary high water level of a lake, pond, or flowage; and three hundred feet (300') from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

SIGN: Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person or persons when the same is displayed or placed out of doors in view of the general public, or inside of a building within 3 feet of a transparent window. A sign shall be considered as a structure or a part of a structure for the purpose of applying yard and height regulations except as herein provided.

SIGN AREA: That area that includes the smallest rectangle around each line of copy for individually mounted letter signs and the entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure for all other signs. The maximum sign area is the maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a cumulative gross sign area in excess of such requirements as may be applicable.

SIGN SETBACK: The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb.

SIGN STRUCTURE: The supports, uprights, bracing and framework for a sign.

SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the national register of historic places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

SKILLED NURSING FACILITY: A health care facility that provides 24-hour nursing care and medical supervision for persons who require ongoing skilled nursing or rehabilitative services. Nursing homes typically provide treatment, therapy, and medical services on a continuous basis and are licensed by the State of Minnesota. This use is considered institutional in character.

SLOPE: The degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees.

SMALL SHRUBS: Deciduous shrubs with mature natural growth less than four feet (4') in height.

SOLAR ACCESS: Unobstructed access to the solar resource on a lot or building for the purpose of capturing direct sunlight to operate a solar energy system.

SOLAR ARRAY: Any number of solar collectors or photovoltaic modules.

SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports, and mounting hardware.

SOLAR DAYLIGHTING: A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting. SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. SOLAR ENERGY DEVICE: A system or series of mechanisms designed primarily to provide heating, cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. SOLAR ENERGY SYSTEM (SES): A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating and the power generated is used primarily for on site consumption. SOLAR GLARE: The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. SOLAR HOT AIR SYSTEM (Also Referred To As SOLAR AIR HEAT Or SOLAR FURNACE): An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air. The most efficient performance typically uses a vertically mounted collector on a south facing wall. SOLAR HOT WATER SYSTEM (Also Referred To As SOLAR THERMAL): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by vegetation, building, or object for a minimum of four (4) hours between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. standard time on any day of the year.

SOIL: The upper layer of earth which may be dug or plowed; the loose surface material of the earth in which vegetation normally grows.

SOILS WITH HIGH FROST ACTION POTENTIAL: Soils which are susceptible to changes in volume during period of frost.

SOILS WITH HIGH SHRINK-SWELL POTENTIAL: Soils which are susceptible to changes in physical volume when moistened.

SOILS WITH LOW PERMEABILITY: Soils which have a permeability rate greater than sixty (60) minutes per inch.

SOILS WITH RAPID PERMEABILITY: Soils having a permeability rate between five (5) minutes per inch and one-half (1/2) minute per inch.

SOILS WITH VERY RAPID PERMEABILITY: Soils having a permeability rate greater than 1/2 minute per inch.

SPECIAL SALES EVENT: Sales events such as crafts, samples, and art sales and boutiques selling handmade items, clothes, and gifts.

SPORTS ARENA: A structure where athletic sporting events are held and where accommodations for spectator viewing areas, team play, refreshments and athletic courts and/or fields are provided.

SPORTS PERFORMANCE TRAINING CENTER: A private establishment, not open to the general public, offering advanced appointment only individual or group athletic training programs for specific sports and athletic activities often associated with athletic organizations, sport associations, and schools, supervised by specialized coaches present for all training sessions and where tournaments and competitions may be held.

SPREADING AND GLOBE EVERGREENS: An evergreen shrub which maintains a natural global or spreading shape.

STABLE, COMMERCIAL: A building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.

STABLE, PRIVATE: Any building accessory to an existing residential, principal use that shelters horses for the exclusive use of the occupants of the premises.

STATE LICENSE: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis business.

STEEP SLOPES:

1. Lands having average slopes over 12 percent and up to 18 percent, as measured over horizontal distances of 50 feet or more that are not bluffs as defined in section 10-8-2 of this Title. Steep slopes include all soils grouped in Dakota County soil survey slope Class C.
2. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more, that are not bluffs.
   

STREET FRONTAGE: The side of a lot abutting one or more streets. An interior lot has one street frontage and a corner lot has two (2) or more frontages.

STRUCTURE: Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures or any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities..

STUDIO, ARTIST or INSTRUCTIONAL SERVICE: Uses in an enclosed building that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language, or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, artist studios, and photography studios.

SUBDIVISION: Land that is divided for the purpose of sale, rent, or lease.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Within any consecutive three hundred sixty five (365) day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions

SUBSURFACE SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual sewage treatment system as described and regulated in Section 10-8-1 of this chapter and Title 7, Chapter 11 of this code.

SURFACE MOUNTED SOLAR ENERGY SYSTEM: A wall or roof mounted system mounted directly abutting a wall or roof.

SURFACE WATER ORIENTED COMMERCIAL USE: The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

TAVERN: A business establishment where the primary activity is the on-site sale and consumption of alcoholic beverages, and where food service, if provided, is incidental. A tavern may include a bar, pub, microbrewery, saloon, taproom, or similar establishment.

TEMPORARY BANNER SIGN: A sign that is designed to be installed for a limited duration, subject to the standards outlined in 10-12-4(B) of this title that is attached to a building wall or fence that could be used to identify commercial or non-commercial speech.

TEMPORARY DECAL INSTALLATION: A sign installation upon an exterior wall or facade of a structure which is designed to be displayed for a limited duration subject to the standards outlined in 10-12-9 and could be used to identify commercial or non-commercial speech. Also known as building wrap.

TEMPORARY FREESTANDING SIGN: A self-supported sign which is placed in or on the ground and not affixed to any part of any structure and that is designed to be installed for a limited duration subject to the standards outlined in 10-12-4(C) of this title and could be used to identify commercial or non-commercial speech.

TEMPORARY OFF PREMISES DIRECTIONAL SIGN: A sign that is installed for a limited duration, which gives direction for a temporary event.

TEMPORARY SIGN: Any sign which is designed to be erected or displayed for a limited duration subject to the standards outlined in 10-12-4 of this title, and is not of a permanent nature. Any sign in which the duration of installation is in accordance with a special event is subject to the requirements of Title 3, Chapter 32 of this Code.

TEMPORARY/SEASONAL OUTDOOR SALES USES: The display or sale of the following items: Christmas trees; nursery stock, plants and related materials; garden produce; lawn, garden, patio furniture and furniture accessories; antique/flea market not to include vehicles; and farmer’s markets. Transient roadside vending is specifically not allowed.

TEXTURES: A grainy, fibrous, woven or dimensional quality to an exterior building material surface as opposed to flat or smooth surfaces.

THRIFT STORE: A business that sells used items and includes any of the following operational characteristics, except those businesses defined in this Code as an "equipment rental business" or "pawnshop":

1. Receipt of used items directly from the public at the business location.
2. Processing, conditioning, cleaning, or repair of used items for resale.
3. Storage of used items on site for processing, resale, or disposal.
4. Receipt of goods through purchase, consignment, or donation.

TOE OF THE BLUFF: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

TOP OF THE BLUFF: The higher point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

TOWER, MULTIUSER: A tower which is designed to accommodate the antennas of more than one personal wireless service provider or governmental entity.

TRADE OR BUSINESS SCHOOL: A specialized instructional establishment which provides on site training of business, commercial, and/or trade skills such as accounting, cosmetology, data processing and computer repair. Incidental instructional services in conjunction with another use allowed in the zoning district shall not be considered a business or trade school.

TRANSIENT MERCHANT SIGN: A sign that is accessory to any person, firm, or corporation who obtained a transient merchant license per Title 3, Chapter 20 of this Code to engage temporarily in the business of selling and delivery of goods, wares, or merchandise within the City, and who in furtherance of such purpose, hires, leases, uses, or occupies any vacant lot, parking lot, motor vehicle, or trailer.

TREE: Any perennial woody plant having a main trunk and a distinct crown, with a trunk diameter of at least 2.5 inches measured at 4 feet above grade.

TREE PRESERVATION AREAS: Areas identified on a site plan where no construction or vegetation removal activity can occur, except undesirable trees and vegetation approved by the city forester.

TRUCK FARM/GARDEN: An area of land typically less than 5 acres in size used for the small scale production of vegetables, fruits, sod, grains and flowers that are grown primarily for cash sales to consumers, restaurants and independent stores.

TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue, and rye grass blends, and nonwoody vegetation interspersed with them.

UNADORNED/PLAIN: An exterior building material designed with little or no adornment, color impregnation, decoration, or texture.

UNDERSTORY TREES: Often defined as ornamental trees. Also could mean the small trees under the canopy of a wooded area.

UNDEVELOPED PROPERTY: Any property within the city on which no "development" (as defined in section 10-3 of this title) has occurred.

UNUSUAL AGGRESSIVE BEHAVIOR: Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs.

UPRIGHT EVERGREENS: An evergreen shrub which maintains a natural columnar or upright shape.

USE, PERMITTED: A public or private use which of itself conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards of such district.

USE, PRINCIPAL: The main use of land or buildings as distinguished from accessory uses. A "principal use" may be either permitted or conditional.

USE, TEMPORARY: One established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.

VARIANCE: Permission to depart from the requirements of this title as defined in Minnesota Statutes, Chapter 462.

VEGETATION: All plant growth, including, without limitation, trees, shrubs, mosses and grasses.

VEGETATION, NATIVE: The presettlement group of plant species native to the North American continent which were not introduced as a result of European settlement.

VERTICAL PATTERNS: An artistic or decorative vertical design embedded into a decorative concrete block or acceptable concrete panel wall or the use of brick, stone, block or other material which is incorporated into the overall design through vertical forms.

VERY SHALLOW SOILS: Soils located over bedrock which lies 0 to 3 feet below the ground surface.

VERY STEEP SLOPES: Slopes between 18 percent and up to 40 percent as measured over horizontal distances of 50 feet or more, that are not bluffs. Very steep slopes include all soils grouped in Dakota County soil survey slope Classes D, E, F.

VETERINARY CLINIC/HOSPITAL: A clinic/hospital operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above.

VISUAL RELIEF: The incorporation of design features of a building that would include horizontal and vertical patterns, contrasting materials, colors and/or varying wall depths to prevent a continual flat expanse of wall.

WALL GRAPHICS: A sign which is painted directly on an exterior wall surface.

WALL MOUNTED SOLAR SYSTEM: A solar energy system located on the wall of a building.

WALL SIGN: A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve inches (12") from the surface to which it is attached, nor extend beyond the top of the parapet wall. Temporary banners do not qualify as a permanent wall sign.

WAREHOUSING: The storage of materials, goods, or equipment within an enclosed building.

WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

WEEDS: As defined in section 7-1-9-1 of this Code.

WETLAND: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, excluding public waters wetlands. For purposes of this definition, wetlands must have the following three (3) attributes:

1. Have a predominance of hydric soils;
2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
3. Under normal circumstances support a prevalence of such vegetation.
   

WHOLESALING: The selling of goods, materials, or equipment may be made in bulk to other business. No sales shall be made on the premises to the general public or individual members of a purchasing club.

WIND ENERGY CONVERSION SYSTEM: An electrical generating system or structure comprised of one or more wind turbines and accessory facilities that operate by converting the kinetic energy of the wind into electrical energy to be used on site or distributed into the electrical grid.

WINDOW SIGN: A temporary sign affixed to the outside or inside of a window or inside the building within three feet (3') of a window in view of the general public. This does not include merchandise on display.

WOODLAND: A group of trees or stand of trees and associated vegetation, including understory trees, shrubs, grasses, and leaf litter, covering at least one-half (1/2) acre in area and having a crown cover of 50 percent or greater.

XERISCAPING: A landscaping method which uses plants that have low water requirements, allowing them to withstand extended periods of drought without irrigation.

YARD: A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this title. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

YARD, REAR: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

YARD, SIDE: A yard extending along the side lot line between the front and rear yards having a width as specified in the yard regulations for the district in which such lot is located.

ZERO LOT LINE DEVELOPMENT: The location of a building in a business or industrial zoning district in such a manner that portions of the building rest on two (2) or more lots. Said structures are considered to be one building, regardless of party walls.